The State Of Madhya Pradesh vs Ashok
2021 Latest Caselaw 3344 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC-25648-2021
                State of MP Vs. Ashok and anr.

                    Through Video Conferencing

Gwalior, Dated : 15-07-2021

      Smt. Padmshri Agrawal, Counsel for the applicant/State.

      Heard on the question of admission.

      Record of the Court below has been received.

      This application under Section 378 of CrPC has been filed for

grant of leave to appeal against the judgment dated 10.02.2021

passed by 1st Additional Sessions Judge / Special Judge (POCSO

Act), Ganjbasoda District Vidisha in Special Sessions Trial

No.182/2014, by which the respondents have been acquitted of

charge under Sections 363, 366-A, 376(2)(n) of IPC read with

Section 120-B of IPC and Section 5L/6 of POCSO Act.

It is submitted by the counsel for the applicant that as per the

school record, prosecutrix was minor and the Trial Court committed

material illegality by disbelieving the school record.

Considering the submissions made by the counsel for the

applicant, this Court is of the considered opinion that it is a fit case

for grant of leave to file appeal.

Accordingly, the State is granted leave to file appeal against

the impugned judgment dated 10.02.2021 passed by 1 st Additional

Sessions Judge / Special Judge (POCSO Act), Ganjbasoda District

THE HIGH COURT OF MADHYA PRADESH MCRC-25648-2021 State of MP Vs. Ashok and anr.

Vidisha in Special Sessions Trial No.182/2014.

Office is directed to register this case as Criminal Appeal.

Criminal Appeal being arguable is admitted for final hearing.

Issue bailable warrant of arrest against the respondents in the

sum of Rs.25,000/- (Rupees Twenty Five Thousand only) for their

appearance before the Registry of this Court on 16.08.2022 and on all

other dates which may be fixed by the Registry in this behalf.

With the aforesaid observations, the present application for

grant of leave to appeal is finally disposed of.

(G.S. Ahluwalia) Judge

Abh ABHISHEK CHATURVEDI 2021.07.16 15:09:23 +05'30'